UREPORT TERMS OF USE

Last Updated: 8 th October 2014

You are subject to both the Standard Digital and uReport terms of use. To the extent there is a conflict between the Standard digital and the uReport terms of use, the uReport terms of use shall govern relating to any submission you make to uReport .

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING UREPORT WEB PAGES. YOUR USE OF OR ACCESS TO, OR LICENSE OF INFORMATION, MATERIALS, PROGRAMMING, PRODUCTS, OR ANYTHING ELSE OF USE OR VALUE ON UREPORT WEB PAGES CONSTITUTES AGREEMENT TO ABIDE BY THE TERMS OF USE THEN IN EFFECT. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE OR ACCESS UREPORT WEB PAGES.

1. Acceptance of Terms of Use

Welcome to uReport a user-generated content section of the Standard Digital (" uReport ", or "we"). uReport provides various services subject to the following Terms of Use ("TOU" or "Terms of Use"). Standard Digital reserves the right to alter these Terms of Use without advance notice by posting revised Terms of Use. Accordingly, you should review these Terms of Use each time you access any uReport Web pages to stay informed of any changes to the Terms of Use. If the Terms of Use have been changed, the "Last Updated" notation at the top of this page will reflect the date of those changes. Any use of uReport by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions.

2. General Terms of Use

uReport is available for individuals aged 18 years or older. If you are under 18, please exit this website immediately. By using uReport you represent that you are 18 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Use, submit content, participate on this website, and fulfill the obligations set forth in the TOU, which forms a binding contract between you and Standard Digital.

Employees (and their immediate families and household members) of uReport are not eligible to submit material.

These to apply to all of uReport current and future Web pages, unless otherwise provided, including but not limited to, the following sites: http://www.standardmedia.co.ke/ureport/, http://ureport.co.ke. In addition, when using particular services provided by uReport , you shall be subject to any additional posted Terms of Use, guidelines or rules applicable to such services. All such Terms of Use, guidelines or rules are hereby incorporated by reference into the TOU.

For any portion of the uReport Web pages that requires a user Account and/or password ("Account"), whether free of charge or for a fee, you are responsible for all use of your Account (under any screen name or password) and for ensuring that all use of your Account complies fully with the provisions of these Terms of Use. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any.

 

Standard Digital shall have the right at any time to change or discontinue any aspect or feature of uReport , including, but not limited to, content, hours of availability, and equipment needed for access or use.

3. Changed Terms of Use

Standard Digital shall have the right at any time to change or modify the Terms of Use and conditions applicable to your use of uReport , or any part thereof or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on uReport Web pages, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of uReport by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions. We recommend you bookmark this page and review it each time you use or access uReport , noting the "Last Updated" information at the top of this page.

4. Submissions

By submitting your material, for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, you hereby grant to Standard Digital and its affiliates a non-exclusive, perpetual, worldwide license to edit, telecast, rerun, reproduce, use, create derivative works from, syndicate, license, print, sublicense, distribute and otherwise exhibit the materials you submit, or any portion thereof in any manner and in any medium or forum, whether now known or hereafter devised, without payment to you or any third party.

Your submissions are deemed non-confidential and Standard Digital has no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission.

You represent and warrant to Standard Digital that you have the full legal right, power and authority to grant to Standard Digital the license provided for herein, that you own or control the complete exhibition and other rights to the materials you submitted for the purposes contemplated in this license and that neither the materials nor the exercise of the rights granted herein shall infringe upon or violate the right of privacy or right of publicity of, or constitute a libel or slander against, or violate any common law or any other right of, any person or entity.

Users are solely responsible for anything contained in their submissions, message board and/or chat sessions. Standard Digital does not verify, endorse or otherwise vouch for the contents of any submission, message board or chat room. Users may be held legally liable for the contents of their submissions, message board and chat sessions, and may be held legally liable if their submissions or chat sessions include, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary right without permission of the author or owner, or defamatory comments.

Web site user submissions to uReport do not represent the views of uReport , Standard Digital, or any individual associated with uReport or Standard Digital. In no event shall you represent or suggest, directly or indirectly, Standard Digital endorsement of user submissions. Standard Digital does not vouch for the accuracy or credibility of any content submitted by users on our Standard Digital Web pages, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published content on uReport .   

Through your use of uReport , you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretence, international trade issues and foreign nationals. By using uReport , you assume all associated risks.

5. Copyrighted Material

(A) uReport contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of uReport are protected by Kenya copyright laws as a collective work and otherwise. Standard Digital owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, license, participate in the transfer, licensing or sale, create derivative works, or in any way exploit any of the content, copyrights, trademarks, or other property interests therein, in whole or in part. When authorized by Standard Digital, you may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, licensing, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Standard Digital and the copyright owner, or owner of any other legal interests therein. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademarks legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

(B) Standard Digital may, from time to time, be a distributor (and not a publisher) of content supplied by third parties other than users of uReport . Accordingly, Standard Digital has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, you or any other user of uReport , are those of the respective author(s) or distributor(s) and not of uReport or Standard Digital. Neither Standard Digital nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Standard Digital neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on uReport by anyone other than authorized Standard Digital employees acting in their official capacities. Under no circumstances shall Standard Digital be liable for any loss or damage caused by your reliance on information, opinion, advice or other content available through uReport .

(C) Standard Digital respects the copyrights of others and expects its users to do the same. By uploading, posting or otherwise making available content on uReport , you represent that you own or otherwise have the intellectual property rights to submit such materials. You shall not upload, post or otherwise make available on uReport any material protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright or other proprietary rights rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of uReport , you automatically grant, or warrant that the owner of such material has expressly granted Standard Digital the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright and any other proprietary rights that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that individual's personal use on uReport . You hereby grant Standard Digital the right to edit, copy, publish and distribute any such material made available on uReport by you.

6. Conduct on uReport

(A) If you submit any materials or participate in any online forum or any other forum or similar service within or in connection with uReport , you agree to abide by the following rules of conduct:

  1. You agree not to post or transmit through uReport any material that violates or infringes in any way upon the rights of others, including any statements which may defame, abuse, harass, stalk or threaten others;
  2. You agree not to post or transmit through uReport any material that is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity;
  3. You agree not to post or transmit through uReport any material that contains or advocates pornography, pedophilia , incest or bestiality;
  4. You agree not to post or transmit through uReport any statements that advocate or provide instruction on illegal activity or discuss illegal activities with the intent to commit them;
  5. You agree not to post or transmit through uReport any material that infringes and/or violates any right of a third party or any law, engage in activity that would constitute a criminal offense or give rise to a civil liability;
  6. You agree not to post or transmit through uReport any vulgar or obscene language or images;
  7. You agree not to post or transmit through uReport , without Standard Digital express prior approval, material which contains advertising or any solicitation with respect to products or services;
  8. You agree not to post or transmit through uReport , any software or other materials which contain a virus or other harmful or disruptive component;
  9. You agree not to post or transmit through uReport material or statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board;
  10. You agree not to upload, post, or otherwise make available on uReport Web pages any material protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. Any person determined by Standard digital, in its sole discretion, to have repeatedly violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on Ureport Web pages;
  11. You agree not to impersonate any person or entity, including, but not limited to, any Standard Digital employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  12. You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about uReport users;
  13. You agree not to interfere with or disrupt the uReport Web pages or servers or networks connected to the Web pages, or disobey any requirements, procedures, policies or regulations of networks connected to the Web pages;
  14. You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  15. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of uReport Web pages, use of the Web pages, or access to the Web pages;
  16. You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by uReport ; and
  17. You agree not to use any service, technology or automated system to artificially inflate the page views that your uReport receives. This includes pay-per-click services, web "robots" and any other current or future technologies. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
  18. You agree not to use any technology, service or automated system to post more uReport than an individual could upload in a given period of time. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
  19. Any conduct that in Standard Digital sole discretion restricts or inhibits anyone else from using or enjoying uReport will not be permitted. Standard Digital reserves the right in its sole discretion to remove or edit messages or material submitted by you and to terminate your account for any reason. Standard Digital is not responsible for material submitted to uReport or posted in chat rooms, on bulletin boards or on other forums by users of uReport .

(B) The foregoing provisions of this Section 7 are for the benefit of Standard Digital, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

7. Monitoring

Standard Digital shall have the right, but not the obligation, to monitor the content of uReport including online forums, to determine compliance with these Terms of Use. Standard digital shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on uReport . Without limiting the foregoing, uReport shall have the right to remove any material that Standard Digital, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. In addition, Standard Digital may share personally identifiable information in response to a law enforcement agency’s request, or where we believe it is necessary, or as otherwise required or permitted by law.

The decision by uReport to monitor and/or modify the content of uReport does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of uReport in connection with or arising from use by you of uReport or participation in any online forums or interactive features of uReport

8. Third-Party Links, Sponsors and Frames

(A) uReport may provide links to other World Wide Web sites or resources. Because Standard Digital has no control over such sites and resources, you acknowledge and agree that Standard Digital is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Standard Digital shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You should direct any concerns regarding any external resource to the proprietor(s) of that site.

(B) uReport may contain commercial images and/or links to sponsors of uReport . Standard Digital is not responsible or liable for the content of those images and/or links.

(C) No third party may use framing technologies or functionalities to contain any content provided by uReport , for purposes either commercial or non-commercial, without express prior and written consent from Standard Digital.

(D) No third party may provide links to any content within uReport without the express prior written consent from Standard Digital.

9. Disclaimer of Warranty; Limitation of Liability

(A) You expressly agree that use of uReport is at your sole risk. Neither uReport , its affiliates nor any of their respective employees, or agents warrant that uReport will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of uReport , or as to the accuracy, reliability or content of any information, service, or merchandise provided through uReport .

(B) uReport IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.

(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT STANDARD DIGITAL IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR VISITORS OF UREPORT OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

(D) IN NO EVENT WILL STANDARD DIGITAL, ITS PARENT OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING UREPORT, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE UREPORT, NOR SHALL STANDARD DIGITAL, ITS PARENTS OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING UREPORT BE LIABLE FOR ANY DAMAGES, CLAIMS, OR INJURY, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR PERSONAL OR BODILY INJURY, ARISING FROM OR IN CONNECTION WITH YOUR CREATING CONTENT, BY VIDEOTAPING, PHOTOGRAPHY OR OTHERWISE, FOR SUBMISSION TO UREPORT, AND YOU HEREBY ASSUME ALL RISK FOR ANY DAMAGES, CLAIMS OR INJURIES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF SECTION 10 SHALL APPLY TO ALL CONTENT ON UREPORT.

(E) IN ADDITION TO THE TERMS OF SERVICE SET FORTH ABOVE, NEITHER STANDARD DIGITAL, NOR ITS PARENT OR AFFILIATED COMPANIES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN UREPORT, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER UREPORT, NOR ITS PARENT OR AFFILIATED COMPANIES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

(F) Standard Digital disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing uReport , you acknowledge and agree to Standard Digital’s disclaimer of any such liability. If you do not agree, you should not access or use uReport .

10. Termination

You agree that Standard Digital, in its sole discretion, may terminate your Account, password, and User Name and/or use of the uReport Web pages, and may remove and discard any content within the uReport Web pages, for any reason, including, without limitation, if Standard Digital believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any termination of your access to the uReport Web pages under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that Standard Digital may immediately deactivate or delete your Account, password, and User Name and all related information and files associated with it and/or bar any further access to such files or the uReport Web pages. Further, you agree that Standard Digital shall not be liable to you or any third-party for any termination of your access to the Web pages.

11. Indemnification

You agree to defend, indemnify and hold harmless Standard Digital, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of uReport by you or your Account by you or any other person using the Account. Standard Digital reserves the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this Section . In such event, you shall provide Standard Digital with such cooperation as is reasonably requested by Standard Digital.

12. Trademarks

" uReport and the uReport logo, are service marks of Standard Digital. All rights reserved. All other trademarks, logos and service marks appearing on uReport are the property of Standard Digital or their respective owners.

13. Payment Conditions

Stories will be considered for payment on approval from uReport Editor.

Among other factors, a story is considered for payment depending on;

Originality

Picked from the site to print media

Aired on KTN TV

Other conditions as approved by the editor

Note that the above conditions do not automatically qualify a story for payment. Approval for payment is at the discretion of the editor.

He/She has the right to discredit a story from payment